Legal Question in Family Law in Washington

I have an ex wife trying to pull ower devorce into verginia from washinton i filed the papers in washinton can she do this


Asked on 2/18/11, 6:37 pm

2 Answers from Attorneys

Gary Preble Preble Law Firm, P.S.

Your question was missing some critical facts. I presume that the divorce has not been finalized and that the issue here is custody of the children. As to the divorce itself, the issue will probably be which of you was the first to both file with the court and serve the other. The jurisdiction of the custody case will be according to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which has been passed in all states essentially the same. In WA it is found in chapter 26.27 RCW. The determining factor will be how long the children lived in Virginia before you filed in Washington. If less than 6 months, Washington has jurisdiction under the UCCJEA.

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Answered on 2/21/11, 9:36 am
Gary Preble Preble Law Firm, P.S.

Additional answer to prior answer. You mention your "ex wife", which could mean the divorce and parenting plan was already final in WA. If that is the case and you still live in WA, WA continues to have jurisdiction of the case under a federal statute called the Parent Kidnapping Prevention Act (PKPA), found at 28 USC 1738A. If you google UCCJEA and PKPA, you will find a number of articles on the internet that discuss these laws.

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Answered on 2/21/11, 9:46 am


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